1. Acceptance
By accessing swiftrail.ai or using the Platform you agree to these Terms, our Privacy Policy and all policies referenced herein. Merchant and Partner use is additionally governed by the executed Merchant/Partner Agreement, which prevails in case of conflict.
2. Nature of services
The Company is a technology service provider. Payment acceptance, settlement, payouts, escrow, cross-border services, credit cards, fixed deposits, insurance and government-scheme enrolment are facilitated through Payment Partners who are licensed/authorised by the Reserve Bank of India or other competent authorities. The Company does not itself hold, custody or settle funds except as a technology intermediary under arrangements with Payment Partners. Nothing on the Platform constitutes banking, deposit-taking, lending, investment or foreign-exchange advice.
3. Eligibility & onboarding
Merchants must be legally constituted entities or individuals aged 18+ capable of contracting under Indian law, must complete KYC/KYB as required, and must not be engaged in Prohibited Businesses (see Acceptable Use Policy). We may accept, decline or terminate onboarding at our or Payment Partners' discretion.
4. Accounts & security
You are responsible for credentials, API keys, IP allow-lists, webhook secrets and all activity under your account. Notify us immediately of unauthorised access at security@swiftrail.ai.
5. Fees
Fees are as set out in your proposal/agreement and may include transaction fees, setup, subscription, chargeback, cross-border/FX and other charges, plus applicable GST. Fees may be deducted from settlements. Non-payment may result in suspension.
6. Settlements
Settlements are made by Payment Partners to your designated bank account per the agreed cycle, net of fees, refunds, chargebacks, reserves and adjustments. We may impose rolling reserves or holds for risk, disputes, regulatory instruction or suspected fraud.
7. Refunds, chargebacks & disputes
Governed by the Refund & Cancellation Policy and Chargeback & Dispute Policy. You are liable for chargebacks and associated fees.
8. Merchant obligations
Comply with applicable law (including RBI, NPCI, card-network rules, FEMA, PMLA, GST); display accurate product, pricing and refund terms to End Users; obtain End User consents; maintain PCI-DSS compliance where applicable; not store card data unless certified; cooperate with audits and information requests; use verification APIs only for lawful, consented purposes.
9. Intellectual property
The Platform, APIs, SDKs, documentation, marks "SwifTrail" and logos are owned by the Company. You receive a limited, non-exclusive, revocable licence to use them for the services. You may not reverse-engineer, scrape or resell without written consent.
10. Data
Each party complies with the Privacy Policy and applicable data-protection law. Merchant is the data fiduciary for its End Users; the Company processes data as required to provide services and comply with law.
11. Service levels & availability
We target 99.9% availability but do not guarantee uninterrupted service; Payment Partner or network outages may affect service. Status information is provided at https://status.swiftrail.ai.
12. Suspension & termination
We may suspend or terminate access for breach, regulatory instruction, Payment Partner requirement, fraud risk, prohibited activity, or prolonged inactivity. You may terminate with notice per your agreement. Surviving obligations include fees, chargebacks, indemnities and confidentiality.
13. Disclaimers
Services are provided "as is" to the extent permitted by law. We disclaim warranties of merchantability, fitness and non-infringement.
14. Limitation of liability
To the maximum extent permitted by law, the Company's aggregate liability in any 12-month period shall not exceed the fees paid by you to the Company in the preceding three (3) months; we are not liable for indirect, consequential or punitive damages, loss of profit or data.
15. Indemnity
You indemnify the Company, its partners and Payment Partners against claims arising from your breach, your products/services, End User disputes, chargebacks, taxes or violation of law.
16. Compliance & sanctions
You represent that you and your beneficial owners are not on any sanctions list and will not use the Platform for money laundering, terrorist financing or sanctions evasion.
17. Force majeure
Neither party is liable for delays due to events beyond reasonable control, including Payment Partner/network failures, regulatory changes, natural disasters or cyber-attacks.
18. Governing law & dispute resolution
These Terms are governed by the laws of India. Disputes shall first be attempted to be resolved amicably; failing which, by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator, seat and venue Mumbai, in English. Subject to the foregoing, courts at Mumbai shall have exclusive jurisdiction.
19. Notices
legal@swiftrail.ai; registered office address above.
20. Miscellaneous
Entire agreement, severability, no waiver, assignment only with consent, electronic execution valid.
Definitions used across our policies
Common definitions used across policies:
- "Company", "we", "us", "our" — Global eServe Technologies LLP, a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008 (LLPIN to be published), having its registered office at Flat No. 201, 2nd Floor, Plot 577, Triveni Apartment, N M Joshi Marg, Byculla (West), Mumbai – 400027, Maharashtra, India, operating the brand and platform SwifTrail.
- "Platform" — the websites swiftrail.ai and swiftrail.in, dashboards, portals, mobile applications, APIs and related services.
- "Merchant" / "Partner" / "Agent" — a business or individual who has entered into an agreement with the Company to use the Platform.
- "End User" — a customer of a Merchant who makes a payment through the Platform.
- "Payment Partners" — RBI-licensed Payment Aggregators, banks (including escrow, sponsor and card-issuing banks), NBFCs, IRDAI-registered insurers, authorised government-scheme channels, card networks, NPCI and other regulated entities through which payment and financial services are facilitated.
